I am not sure, no one has looked at the CBA and what they negotiated with the union in regards to that..... DD
We posted the relevant excerpts of the CBA a bunch of times a few days ago: https://bbs.clutchfans.net/threads/kevin-porter-jr-arrested-for-domestic-violence.320885/page-136 here it is again - feel free to look: Section 16. Player Arrests. A Team shall not impose discipline on a player solely on the basis of the fact that the player has been arrested. Notwithstanding the foregoing, (a) a Team may impose discipline on a player for the conduct underlying the Article VI 123 player’s arrest if it has an independent basis for doing so, (b) nothing herein shall permit a Team to discipline a player for his failure to cooperate with a Team’s investigation of his alleged misconduct if he has a reasonable apprehension of criminal prosecution, and (c) nothing herein shall prevent a Team from precluding a player from participating in Team activities without loss of pay to the extent it otherwise has the right to do so. Domestic Violence Addendum: ... While an investigation is pending, the Commissioner may at any time place the player on administrative leave with pay for a reasonable period of time. The parties agree that administrative leave is not intended to be routinely applied during the pendency of every player investigation under this Policy. Instead, administrative leave should be applied in only those cases in which a balancing of all relevant factors clearly establishes that it is reasonable to do so under the totality of the circumstances. In deciding whether to place a player on paid administrative leave, the Commissioner shall consider among other relevant factors the following non-exhaustive list of factors: • The nature and severity of the allegation(s), including whether a weapon was involved and whether any injury was suffered by anyone (including the player); • Whether the allegations are supported by credible information; • The relationship between the player and accuser; • Information regarding the player’s history of prior similar conduct, or lack thereof; • The prior criminal or disciplinary history of the player, or lack thereof; • The status of any criminal investigation and/or prosecution regarding the alleged incident, including whether any arrests have been made; • The character of the player; • The player’s reputation within the NBA community; • The NBA’s past practice regarding discipline imposed on a player for similar allegations; and • The risk of reputational damage to the NBA and/or the player’s team.
I think it is what they do with outlier cases that are are more drastic than others...........you might have followed the Miles Bridges case, I did not.
@SamFisher didn’t really post the most relevant CBA clauses. Just note that nothing in the CBA lists Waiving as a disciplinary action. Because it isn’t. Whereas, suspensions, fines, and dismissal/disqualification are indeed named as such. When you reread everything Sam posted, keep in mind it is talking about suspension, fines, and dismissal…not waiving. None of those clauses posted are relevant to the Rocket’s right to waive players at any time, for any reason. indeed, in the “Double Penalty” clause (which Sam didn’t post) it flat-out says team termination (ie waiving) and league suspensions of a player for the same event is allowed.
Yeah, but it would probably generate a lawsuit - where they would claim they were waived because of this without due process, it is just smarter that the team follows the league here......whether we like it or not. DD
Whether it is allowed (and I believe you it is) does the Players Asscociation have at least a right to ask questions and at least try to protect the rights of Porter...... Moderation.....guaranteeing his money......etc.
Read the “Double Penalty” clause. And keep in mend, nothing that you are reading mentions waiving. People are mistakenly assuming “Waiving” is considered a “Disciplinary Action”.
That's a pretty dumb description; a more accurate description is that the Rockets and the league both have the option to suspend Porter Jr. w/pay or waive him at any time, and neither is exercising that option - pretty much exactly what I said earlier. Like come on, are you 6 years old? If you aren't actually interested in what the options are here and aren't going to read any of the stuff that explains what they are, like @heypartner and @aelliott and others have posted - just shut up about it? Nobody wants to read your interpretation of the CBA, nobody wants to read mine either, but not everybody has your background lack of information on this.
Technically it is not but morally it is.......you waive someone because they are a scrub ....but it is not the case here. You waive a player because he brought harm to your team..... it is not for the same reasons as with terminating a full on scrub. It is indeed not seen as disciplinary .....but the Rockets are in this mess because of the lack of discipline from KPJ. They have to dole out a punishment like roster move......fiscal move.
"it" couldn't generate a lawsuit because NBA contracts have an ironclad arbitration clause. if a lawsuit is filed it would immediately get dismissed - and KPJ would lose the arbitration badly. Why are you posting if you don't know anything?
So, he gets cut,,,gets paid his $16.8m guaranteed,,,gets free agency status to sign with any team he wants, which could further add to his $16.8m season income. The Uniform Player Contract is an appendix in the CBA. It is an employee contract. You should take a look. It clearly says players don’t have a right to a roster spot, and can be waived at any time, for any reason. That’s not a clause in a policy manual. It is a clause in an employee contract that they sign. You think he can win a lawsuit for damages? It wouldn’t pass arbitration, because dozens of players get waived every year, and many even ask for it.
Simply being waived does not provide grounds for a lawsuit because he is not being denied anything. He would still get all of his guaranteed money and would still count against the Rockets cap. He would then be a free agent able to sign with any team he wants for a new salary. However, teams would probably be hesitant, not just because of his history, but because there is likely a serious penalty coming from the league. It’s not until the team tries to recoup money that it turns into a punitive release. He will never play for the Rockets again, and maybe not even the league. Right now, it looks like the Rockets are just waiting to handle his release in a way that most benefits their roster. I thought they were crazy for not releasing him immediately, but now that my emotions are not as high, I’m glad the cooler heads prevailed and I completely understand their approach.
What I don’t know is whether a waiver gives the player all his guaranteed money in a lump sum, or it is still pro-rated as per his usual salary… Because, even though a disciplinary action after the League investigation may recoup some of that money, collecting it may be difficult. It may require a court process, he may hide or fence-off some of it in hard-to-reach assets. Things are at a stage with KPJ where the last thing he would care about is creditworthiness. If he gets his money in a lump sum, the league/Rockets will have a hard time to claw back any penalties…
Sorry, I did not follow but where did you add up 10 million from 15.86 million up, thanks in advance. Being curious.
Everything I have read says they cannot waive him right now. There is no roster crunch. Once training camp starts things become different. They cannot waive him right now because it would be solely because of the criminal charges. If he is traded that team could immediately waive him because it could create an adverse roster issue.
Teams don't get *recoup* money that players' lose to suspension. The NBA still collects all the salary lost to suspension and gives it to charities.
This is complete nonsense. Any player can be waived by any team at any time. If Denver wanted to waive Jokic today, they can. The only issue would be if houston tried to get money back. If they pay him his salary, he can be waived now, same as any other player.
